Coverture and Private Separation: Britain and Ontario in Comparative Perspective

29 Pages Posted: 27 Mar 2013

See all articles by Karen Pearlston

Karen Pearlston

University of New Brunswick - Fredericton - Faculty of Law

Date Written: 2012

Abstract

The paper explores the application of coverture in nineteenth-century Ontario from a perspective that is informed by a detailed understanding of its operation in the English context. Coverture was legally complex because of the many exceptions to it. Only some of the exceptions were transferred to Ontario. The effect of this incomplete transfer is examined by analyzing the treatment of private separation agreements in nineteenth-century Ontario courts. What emerges is that the substantive law remains essentially the same, but in the different institutional and procedural setting of Ontario there appears to have been a disproportionate and successful use of litigation tactics intended to delay or deny the enforcement of private separation agreements.

Keywords: coverture, England, Ontario, nineteenth-century

Suggested Citation

Pearlston, Karen, Coverture and Private Separation: Britain and Ontario in Comparative Perspective (2012). Available at SSRN: https://ssrn.com/abstract=2240006 or http://dx.doi.org/10.2139/ssrn.2240006

Karen Pearlston (Contact Author)

University of New Brunswick - Fredericton - Faculty of Law ( email )

Bailey Drive
P.O. Box 4400
Fredericton, E3B 5A3
Canada

Register to save articles to
your library

Register

Paper statistics

Downloads
34
Abstract Views
359
PlumX Metrics